March 14, 2025
Mrs. Foushee (for herself and Mr. Miller of Ohio) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
To strengthen and enhance the competitiveness of cement, concrete, asphalt binder, and asphalt mixture production in the United States through the research, development, demonstration, and commercial application of technologies to reduce emissions from cement, concrete, asphalt binder, and asphalt mixture production, and for other purposes.
Section 1. Short title
This Act may be cited as the IMPACT Act 2.0
.
Sec. 2. Federal highway administration
(a) Performance-Based low-Emissions transportation materials grants
(1) Purpose
The purpose of this subsection is to encourage States to improve State-level cement, concrete, asphalt binder, and asphalt mixture specifications and standards to facilitate the purchase of low-emissions cement, concrete, asphalt binder, or asphalt mixtures.
(2) Establishment
The Administrator of the Federal Highway Administration (referred to in this section as the Administrator
) shall provide to States—
(A)
reimbursement for the additional cost of using low-emissions cement, concrete, asphalt binder, and asphalt mixtures used in highway projects of the State;
(B)
incentives for the acquisition of low-emissions cement, concrete, asphalt binder, and asphalt mixtures for use in highway projects of the State;
(C)
technical assistance to update the specifications and standards of the State to be performance-based specifications and standards; and
(D)
technical assistance to benchmark and quantify embodied greenhouse gas emissions.
(3) Reimbursement and incentive amounts
(A) Reimbursement amount
The amount of reimbursement under paragraph (2)(A) shall be equal to the incrementally higher cost of using such materials relative to the cost of using traditional materials, as determined by the State and verified by the Administrator.
(B) Incentive amount
The amount of an incentive under paragraph (2)(B) shall be equal to 2 percent of the cost of using low-emissions cement, concrete, asphalt binder, and asphalt mixtures on a highway project of the State.
(C) Limitation
Amounts provided for reimbursement and incentives under this subsection may not exceed the amount authorized to be appropriated under paragraph (6).
(4) Eligibility
To be eligible to receive reimbursement or incentives under this subsection, a State shall have in effect, as appropriate, special provisions, specifications, or standards, such as engineering performance standards, or a collection of embodied greenhouse gas emissions reporting tools, such as environmental product declarations, that facilitate the purchase of low-emissions cement, concrete, asphalt binder, and asphalt mixtures.
(5) Coordination
In carrying out this subsection, the Administrator shall leverage the Every Day Counts Initiative of the Department of Transportation to promote the commercialization of low-emissions cement, concrete, asphalt binder, and asphalt mixtures.
(6) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection $15,000,000 for the period of fiscal years 2025 through 2027.
(b) Directory of low-Emission cement, concrete, asphalt binder, or asphalt mixtures
(1) In general
The Administrator shall establish and maintain a publicly available directory of low-emissions cement, concrete, asphalt binder, or asphalt mixtures submitted by States that the Administrator determines to be eligible for reimbursement or incentives under subsection (a).
(2) Submission and approval
(A) In general
Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a procedure under which States may submit new low-emissions cement, concrete, asphalt binder, or asphalt mixtures to be included in the directory under paragraph (1).
(B) Submission
To be considered for inclusion in the directory under paragraph (1), a State shall submit an application relating to the low-emissions cement, concrete, asphalt binder, or asphalt mixture to the Administrator at such time, in such manner, and containing such information as the Administrator determines to be necessary.
(C) Decision deadline
Not later than 180 days after the date on which the Administrator receives an application under subparagraph (B), the Administrator shall—
(i)
approve the application and include the low-emissions cement, concrete, asphalt binder, or asphalt mixture in the directory under paragraph (1); or
(ii)
deny the application.
(D) Written reasons for denial
If the Administrator denies an application under paragraph (C)(ii), the Administrator shall provide the State a written explanation for the denial.
(3) Project selection
Low-emissions cement, concrete, asphalt binder, or asphalt mixtures approved under paragraph (2)(C)(i) and included in the directory under paragraph (1) may be used in any highway project.
Sec. 3. Advance purchase commitment program
(a) Purpose
The purposes of this section are—
(1)
to allow States to purchase or contractually guarantee the direct purchase of conforming low-emissions cement, concrete, asphalt binder, or asphalt mixtures; and
(2)
to encourage continuous innovation and long-term emissions reductions in the production of concrete, cement, asphalt binder, and asphalt mixtures.
(b) Eligible projects
Section 133 of title 23, United States Code, is amended—
(1)
in subsection (b) by adding at the end the following:
(25)
A project that includes the use of innovative, domestically produced cement, concrete, asphalt mixture, or asphalt binder manufactured using a process described in subsection (l).
(26)
Subject to subsection (m), a project that is carried out through an advance multiyear contract with a producer for a specified quantity and specified price of innovative, domestically produced cement, concrete, asphalt mixture, or asphalt binder manufactured using a process described in subsection (l). ; and
(2)
by adding at the end the following:
(l) Requirements for certain projects
The process referred to in paragraphs (25) and (26) of subsection (b) is a manufacturing process that—
(1)
produces materials with—
(A)
superior durability to conventional materials; and
(B)
superior performance with respect to—
(i)
compressive strength;
(ii)
tensile strength; or
(iii)
workability; or
(2)
produces materials that meet the engineering specifications of the State and achieve superior performance with respect to—
(A)
environmental performance; or
(B)
energy efficiency.
(c) State flexibility
Section 133(h)(6) of title 23, United States Code, is amended by adding at the end the following:
(D) Procurement for innovative building materials
(i) In general
A State may use the funds set aside under this subsection to enter into an advance multi-year contract described in subsection (m) for a specified quantity and specified price of innovative, domestically produced cement, concrete, asphalt mixture, or asphalt binder.
(ii) Use of funds
States may not provide payments to the producer as part of the advance procurement under clause (i) unless materials have been delivered according to contract terms and conditions.
(d) Limitation
Section 133 of title 23, United States Code, is further amended by adding at the end the following:
(m) Advance multi-Year contracts
Except as otherwise provided in this section, none of the funds made available under this section may be used for a multi-year contract unless—
(1)
cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the producer associated with the production of unfunded units to be delivered under the contract;
(2)
the contract provides that payments to the producer under the contract shall not be made in advance of incurred costs on funded units;
(3)
the contract does not provide for a price adjustment based on a failure to award a follow-on contract;
(4)
the producer submits a statement describing the quantity and cost of the cement, concrete, asphalt mixture, and asphalt binder;
(5)
the producer demonstrates material steps towards commercial production and operational capacity of cement, concrete, asphalt mixture, or asphalt binder production with respect to logistics, planned material storage, handling capacities, and delivery mechanisms, of which failure to demonstrate material progress towards commercial production and operational capacity may result in termination of a portion or all of the advance procurement at the sole discretion of the State; and
(6)
the contract fulfills, to the maximum extent possible, preference criteria set by the State.
(e) Low-Emissions cement, concrete, and asphalt defined
In this Act, the term low-emissions cement, concrete, and asphalt
means cement, concrete, asphalt binder, or asphalt mixture that reduces, to the maximum extent practicable, greenhouse gas or directly related pollutant emissions to levels below commercially available cement, concrete, or asphalt.